President Donald Trump is doing something incredibly rare for a politician in Washington, D.C. He is keeping his word. Two of the most important of his campaign promises were to stem the flow of illegal immigrants into this country and to suspend the admission of “refugees” from countries prone to terrorism until a system of “extreme vetting” is put into place. On Tuesday night, President Trump tweeted out a teaser: “Big day planned on NATIONAL SECURITY tomorrow. Among many other things, we will build the wall!”
After eight long years of Obama administration policies that endangered the security of the American people, President Trump is placing Americans first — before illegal aliens and self-declared “refugees” from terrorist prone countries.
The president began fulfilling his promises on immigration by signing two executive orders on Wednesday at the Department of Homeland Security (DHS), whose responsibilities include overseeing immigration and border security. Mr. Trump also took part in a ceremony installing his new Secretary of Homeland Security, retired Marine General John Kelly. In his remarks following the signing, President Trump emphasized that DHS is a “law enforcement agency.” He added that “beginning today, the United States gets back control of its borders.”
The first executive order he signed redirected funds already appropriated by Congress towards paying for the construction of the border wall he has promised between Mexico and the United States. Additional funding appropriations will be required from Congress for completion of the project. However, President Trump still intends that Mexico will ultimately reimburse U.S. taxpayers for the expenditures through one means or another, including possibly redirecting monies presently slotted for foreign aid to Mexico or using revenue from border taxes. President Trump’s action came on the same day that Mexico’s foreign minister, Luis Videgaray, was due to arrive in Washington to help prepare for the visit of Mexico’s President Enrique Pena Nieto later this month.
The order would end the “catch-and-release” policies the Obama administration utilized, under which illegals awaiting removal hearings were released. More detention facilities along the border are planned for construction. According to Immigration and Custom Enforcement figures cited by Fox News, 179,040 of the 925,193 illegal immigrants who have evaded a scheduled deportation had criminal convictions.
The Trump administration is anticipating roadblocks put in its way by legal challenges, including activists’ exploitation of environmental laws to block construction of the wall. However, the administration should be able to prevail and move forward expeditiously. The REAL ID Act of 2005 gives the Secretary of Homeland Security “the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads” along U.S. borders. Federal district courts have exclusive jurisdiction to hear challenges to the Secretary of Homeland Security’s determination, but a “cause of action or claim may only be brought alleging a violation of the Constitution of the United States.” Melinda Taylor, an environmental law professor with the University of Texas, said, “The new administration has a wild card they can pull and it’s in this law. The language in this law allows them to waive all federal laws that would be an impediment to building any type of physical barrier along the border, including a wall.” Actually, “the authority to waive all legal requirements” in the statute would extend to state and local laws and regulations, as well as federal laws. The president’s constitutional authority derives from his fundamental constitutional duty to “take care that the laws be faithfully executed” – in this case, the nation’s existing immigration laws.
President Trump signed a second executive order addressing the so-called “sanctuary cities,” which have been openly defying federal immigration law enforcement. They may face the loss of certain federal funding if they continue their 21st century version of segregationist Governor George Wallace’s “stand in the schoolhouse door” in opposition to federally mandated school desegregation.